JULY 30 (legislative day, JULY 27), 1953.-Ordered to be printed Mr. LANGER, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 2192] The Committee on the Judiciary, to which was referred the bill (S. 2192) for the relief of Rosa Veronika Schenk, having considered the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. AMENDMENT On line 3, following the figures "212" add the following: (a) (9). PURPOSE OF THE BILL The purpose of the bill, as amended, is to enable the fiance of a United States citizen member of our Armed Forces to enter the United States for the purpose of marrying her citizen fiance and to thereafter reside in the United States. The bill also provides for a waiver of the excludable provision of existing law relating to the conviction of a crime involving moral turpitude. STATEMENT OF FACTS The beneficiary of the bill was born in Germany on October 30, 1925, and is engaged to marry Pvt. Leon S. Rhodes, who was formerly on duty in Germany but has now been rotated to the United States. The beneficiary of the bill was convicted in Germany of theft in 1944 and in 1949 she was convicted for giving false testimony unsupported by oath and as an accessory after the fact. With the waiver provided for in the bill, she will be able to come to this country for the purpose of marrying Private Rhodes. Senator Thomas C. Hennings, the author of the bill, has submitted a number of letters and documents in support of the bill, among which are the following: THE FOREIGN SERVICE OF THE UNITED STATES OF AMERICA, Hon. THOMAS C. HENNINGS, Jr., United States Senate, Washington, D. C.: MY DEAR SENATOR HENNINGS: I have received your letter of June 24, 1952, with its enclosure, concerning the immigration visa case of Miss Rosa V. Schenk, fiance of Pvt. Leon S. Rhodes. I regret that due to an error in filing I was unable to reply to your letter until this time. The investigations conducted in Miss Schenk's case showed that she was convicted on October 12, 1944, by the District Court. Juvenile Division, Schweinfurt, Germany, for theft, and sentenced to serve 3 months in juvenile prison. It should be noted however, that Miss Schenk was nearly 19 years of age when this conviction was obtained and that she was tried and convicted under sections 242 and 247 of the German Criminal Code and not under the juvenile code. On June 17, 1949, Miss Schenk was convicted by the District Court of Bamberg for giving false testimony unsupported by oath, and as an accessory after the fact. The consulate general, therefore, informed Private Rhodes' commanding officer on May 21, 1952, that Miss Schenk appeared to be ineligible to receive an immigration visa under the provisions of section 3 of the Immigration Act of 1917, as amended, because of her conviction for a crime involving moral turpitude. If you wish further amplification of our decision in Miss Schenk's case, I will be pleased to furnish you with any desired information. I herewith return the letter from Capt. James L. Schad, as you requested. Sincerely yours, CHARLES W. THAYER, HEADQUARTERS 26TH INFANTRY RegimentT, Hon. J. C. HENNINGS, JR., OFFICE OF THE CHAPLAIN, APO 1, New York, N. Y., June 18, 1952. United States Senator from Missouri, Senate Office Building, Washington, D. C. YOUR HONOR: Pvt. Leon S. Rhodes. RA16226016, 701st Ordnance Maintenance Company, APO 1, (Bamberg, Germany) has been engaged to marry Rosa V. Schenk for over 1 year after having known one another 2 years. Private Rhodes has tried to marry Fraulein Schenk but he was turned down due to the investiga tion made by the CIC through the American consulate. This investigation shows that shortly after the war when the Germans were so poverty stricken that Miss Schenk supposedly stole a small amount of food materials to keep from starvation. This practice was common after the war and of course we do not condone it but Fraulein Schenk was one who was caught. The German police will now clear her record. This is where I seek your assistance. I have talked to the couple, believe that they are very serious and that Miss Schenk will not bring disgrace to our beloved country as the wife of an American soldier. Section 3 of the Immigration Act of February 5, 1917 is the hindrance to their marriage. Could you possibly take care of this matter for Private Rhodes inasmuch as he is a citizen of Missouri and his family lives in Fredricktown, Mo. (Madison County). In answering please direct your remarks to Pvt. Leon Rhodes, RA16226016, 701st Od Maint Company, APO 1, c/o Postmaster New York, N. Y. I am leaving for the States and hence have no forwarding address. Sincerely, JAMES L. SCHAD, Chaplain (Captain) United States Army, 26th Infantry Regiment. BAMBERG SUBPOST DISPENSARY, UNITED STATES ARMY, Subject: Certification of premarital physical examination. To Whom It May Concern: 1. I hereby certify that I have this date examined Schenk, Rosie V., German ivilian, and found her to be free from communicable diseases, medical examinaion having included a complete physical examination, a serologic test for syphilis, nd a chest X-ray. 2. I further certify that she is free from mental disease or any other physical r mental defect which in my opinion would bar her from meeting United States Public Health Service standards for immigration to the United States. Dr. JOACHIM SCHREINER, Civilian Control Surgeon, BMSP Dispensary. The committee, after consideration of all the facts in the case, is of he opinion that the bill (S. 2192), as amended, should be enacted. JULY 30 (legislative day, JULY 27), 1953.-Ordered to be printed Mr. LANGER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 116] The Committee on the Judiciary, to which was referred the bill (H. R. 116) to amend title 18, United States Code, so as to prohibit the transportation of fireworks into any State in which the sale of such fireworks is prohibited, having considered the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. AMENDMENT Page 2, line 7, commencing with the word "or" strike out all down to and including the word "forwarder". PURPOSE OF THE AMENDMENT The purpose of the proposed amendment is technical in nature. Under Public Law 881 of the 81st Congress, the status of a freight forwarder was considered to be that of the common carrier and to carry the two terms in this legislation would be to designate them in a different status, at least by implication. The committee desires to express its opinion that freight forwarders are embraced within the term "common carriers" so that the object of the bill and those it ncludes, remains the same. The amendment is offered only so that a separate reference will not be confusing or misleading. A memocandum dealing with the subject was submitted to the committee by Senator Magnuson and is hereto attached. |